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  • "Sherilyn Pastor leads the insurance coverage group at the firm and is notably experienced in litigating coverage cases at both a regional and national level. Clients are quick to highlight her strong negotiation skills and expertise in insurance litigation."  - Chambers USA
  • Martindale-Hubbell AV Preeminent Rated
    5.0 out of 5

Education

  • J.D., Seton Hall University School of Law, magna cum laude, 1988
  • B.A., Seton Hall University, cum laude, 1985

    Law Clerk, Hon. David Landau, New Jersey Superior Court, Appellate Division, 1988-1989

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern and Southern Districts of New York

Memberships & Affiliations

Rated AV Preeminent by Martindale-Hubbell, (2012)

Chambers USA "Leaders in their Field" (2011-Present)

American College of Coverage and Extra-Contractual Counsel (2012-Present)

Director & Officer Liability Insurance Committee of the International Center for Conflict Prevention & Resolution (2012-Present)

Co-Chair, ABA Litigation Section's Insurance Coverage Litigation Committee (2012-Present)

Vice Chair, ABA Litigation Section's Insurance Coverage Litigation Committee, 2009 to 2012; Regional Representative, 2003-2009; and various Subcommittees, Co-Chair, 2002-2009

Law360’s Insurance Editorial Advisory Board (2013-Present)

NJ RIMS, Membership, Social and Networking Committee (2011)

TWINS Honoree (2011)

New Jersey Supreme Court's Professional Responsibility Rules Committee (2002-Present)

The Insurance Coverage Law Bulletin, Editorial Board (2004-Present)

Appleman on Insurance, Editorial & Advisory Board, 2006 - 2010; Consultant and Author 2006-Present

Member, Insurance Neutrals Review Committee of the International Center for Conflict Prevention & Resolution (2005-Present)

The International Who's Who of Insurance & Reinsurance (2010-Present)

NJBIZ Best 50 Women in Business Award (2010)

National Institute for Trial Advocacy, Faculty, Trial Program, 2003-2004, and Deposition Skills, 2003 and 2005

American Bar Association

New Jersey State Bar Association

New York State Bar Association

Essex County Bar Association

DRI Member

District VA Division, Member and Presenter (1998 to 2002)

Essex County Bar Foundation Chronicle, Editorial Board Member (1993 to 1998)

Essex Inn of Court, Barrister; Lecturer (1995 to 2000)

Sherilyn Pastor

  • |
Partner
  • T: 973.639.2070
    F: 973.297.3834
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Recognized as a Tier 1 leader in her field by Chambers USA and as one of New Jersey's “Best 50 Women in Business” by NJBIZ, Sherilyn Pastor is Practice Group Leader of McCarter’s Insurance Coverage Group. According to Chamber's sources, she is a “top-notch attorney and great strategic thinker.”

Ms. Pastor has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs.

Ms. Pastor obtained summary judgment awarding Wakefern Food Corporation insurance for all its Northeast blackout losses, establishing New Jersey law that “physical damage” in a property and business interruption policy includes loss of use, value and function. She also helped Lucent Technologies Inc. (now Alcatel Lucent) recover its fiduciary liability coverage following various class action settlements with ERISA plaintiffs.

Ms. Pastor is a successful trial attorney. By way of example, she recently defended, at a six month trial, Transamerica Corporation against claims made by a former subsidiary (IMO) regarding the consolidated risk management approach used by Transamerica, a large, multinational, corporate policyholder, that had purchased and was the named insured on $1.8 billion liability policies. Notwithstanding a comprehensive and express distribution agreement memorializing IMO’s decades-old spinoff, IMO asserted that as its former parent, Transamerica was somehow responsible to pay IMO’s asbestos liabilities if IMO's pre-spin off carriers failed to do so. IMO argued that Transamerica’s risk management department's interaction with it had effectively transformed Transamerica into IMO's "de facto" insurer and, thus, it tried to rely on purported extrinsic evidence regarding the alleged pre-spin off relationship and it asserted an “insurer bad faith” claim. IMO also took issue with whether certain fronting policies Transamerica had purchased had exhausted their limits, and how an allocation of loss should be conducted. The trial court decided all issues in favor of Transamerica and against IMO; indeed, it granted Transamerica declaratory relief for enforcement of the distribution agreement. On IMO’s appeal, the Appellate Division, in September 2014, affirmed all rulings in Transamerica’s favor in a 114-page decision, 81 pages of which it approved for publication.

Ms. Pastor serves on the Editorial Boards of the Insurance Coverage Law Bulletin, and is a consultant on the New Appleman Insurance Law Practice Guide. She is the Chair (Policyholder Side) of the ABA Litigation Section’s Insurance Coverage Litigation Committee, having served as Vice-Chair from 2009-2012 and as co-chair of various ICLC subcommittees since 2002. Ms. Pastor is a founding member and Vice-Chair, First Party Insurance Committee of the American College of Coverage and Extra-Contractual Counsel (2012-Present), and a member of the New Jersey Supreme Court’s Professional Responsibility Rules Committee.

Ms. Pastor is recognized in The International Who's Who of Insurance & Reinsurance, and has been honored as a New Jersey Super Lawyer since 2005. She was a TWINS honoree in 2011. She publishes and lectures frequently on insurance, trial skills and ethics matters.  

Representative Matters

McCormick Insulation Supply, Inc. v. Union Ins. Co., No. 11-721 (M.D.N.C.).
Multimedia Exposure Inc. v. Hartford Ins. Co. of the Midwest, SOM-L1653-11 (N.J. Law Div.).
American Guarantee & Liability Ins. Co. v. Owens-Brockway Glass Container Inc., No. 112634/10.
E.E. Cruz & Co. v. Hartford Fire Ins. Co., No. 08-2625 (3d Cir.).
St. Paul Fire Ins. Co. v. Brother Int'l Corp., No. 07-3886 (3d Cir.).

Speaking

05/20/15
American College of Coverage and Extra Contractual Counsel (ACCEC)
04/28/15
Risk & Insurance Management Society (RIMS) Annual Conference
04/13/15
03/7/15
American Bar Association Insurance Coverage Litigation Committee CLE Seminar

Publications

01/29/15
01/26/15
12/01/14
Coverage in the Electronic Age: Insurance Coverage for Cybertorts
New Appleman on Insurance: Current Critical Issues in Insurance Law (Winter 2014)
11/03/14
Understanding ISO's New 2014 Cyber Insurance Endorsements
Coverage